Chief of Defence Forces (CDF) General Charles Kahariri and former Defence Cabinet Secretary Aden Duale are back in court over the deployment of Kenya Defence Forces (KDF) personnel during recent anti-government protests.
Three citizens, Simiyu Chaungo, Terry Otieno, and Elvis Otieno, in a new petition to the High Court, claim the military’s deployment to support the National Police Service was unconstitutional, irregular, and a violation of civil liberties. They fault the two officials for failing to specify for how long the soldiers would be in the streets, leaving the deployment open to become indefinite and unparliamentarily controlled.
The petitioners argue that this move unlawfully extended military authority into civilian spaces. They cite Article 241 of the Constitution, which only permits the KDF’s internal deployment under exceptional circumstances, and strictly with National Assembly approval that must define both the operational area and the timeframe.
The petitioners accuse General Charles Kahariri and Aden Duale of breaching constitutional requirements and exposing citizens to potential abuse.
They insist the deployment was unnecessary and disproportionate since the protests were largely civilian demonstrations against government policies. The trio further accuses the State of weaponizing the military to silence dissent instead of focusing on genuine national security threats.
“The respondents have blurred the line between policing functions and military operations, endangering constitutional freedoms,” the petition states.
The case adds to the mounting legal challenges over the government’s response to recent protests, with courts already handling suits citing excessive force, unlawful arrests, and violations of assembly and expression rights.
The petitioners now want the Court to declare the deployment unconstitutional and order the withdrawal of soldiers from civilian operations unless Parliament expressly approves it.
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